Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA LPA No. 24 of 2025 Date of Decision: 07.01.2025 State of H.P. & Ors. ...Applicants. Versus Manohar Lal & Ors. ...Respondents. Coram Hon’ble Mr Justice Tarlok Singh Chauhan, Judge. Hon’ble Mr Justice Rakesh Kainthla, Judge. Whether approved for reporting?1 No. For the Appellants : Ms. Sharmila Patial, Additional Advocate General. For the Respondents : Mr. Dilip Sharma, Senior Advocate, with Mr. Manish Sharma, Advocate. Tarlok Singh Chauhan, Judge (Oral): Caveat Pet. No. 385 of 2024 Caveat discharged and disposed of.
CMP(M) No. 1969 of 2024 Notice. Mr. Manish Sharma, Advocate, appears and waives service of notice of behalf of the non-applicants– respondents.
2.
Learned counsel for the respondents submits that he has no objection in case delay of 78 days that has crept up in filing the appeal is condoned. His statement is taken on record. Accordingly, the delay in filing the accompanying appeal is ordered to be condoned. Application stands disposed of accordingly. 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
2 Appeal be registered. LPA No. 24 of 2025
3. Heard.
4.
It is not in dispute that aggrieved by the impugned
judgment, the private respondents i.e. Desh Raj & Others had filed LPA No. 179 of 2024, before this Court and the same was dismissed vide judgment dated 25th July, 2024.
5. It is further not in dispute that obviously once judgment passed by this Court in LPA No. 179 of 2024, decided on 25th July, 2024, titled as Desh Raj & others vs State of Himachal Pradesh & others has attained finality, it is not open for this Court to take a different view especially when we are not persuaded to do so and the ratio of judgment in Desh Raj’s case (supra) will apply mutatis mutandis to the present case also.
6. Accordingly, for the reasons stated in the judgment rendered in LPA No. 179 of 2024, the instant appeal stands dismissed. Pending application(s), if any, shall also stand disposed of. (Tarlok Singh Chauhan) Judge (Rakesh Kainthla) Judge 7th January, 2025 (Shamsh/Ravinder)